Australian Capital Territory
Small Business Commissioner Act 2004 (repealed)    
A2004-70
Republication No 2
Effective:  2 July 2006
Republication date: 2 July 2006
As repealed by A2006-30 s 4 (1) (d)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Small Business Commissioner Act 2004 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 July 2006.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Small Business Commissioner Act 2004 (repealed)

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Object of Act	2
	4	Dictionary	2
	5	Notes	2
Part 2	The commissioner
	6	Office of commissioner	3
	7	Appointment of commissioner	3
	8	Term of appointment of commissioner	3
	9	Conditions of appointment of commissioner	3
	10	Ending commissioner’s appointment	3
	11	Functions	4
	12	Directions by Minister	6
	13	Government entities to assist commissioner	6
	14	Staff	6
	15	Consultants	7
	16	Delegation	7
Part 3	Miscellaneous
	17	Protection of officials from liability	8
	18	Approved forms	8
	19	Determination of fees	8
	20	Regulation-making power	9
	21	Review of Act	9
Dictionary		10
Endnotes
	1	About the endnotes	11
	2	Abbreviation key	11
	3	Legislation history	12
	4	Amendment history	12
	5	Earlier republications	xii

Australian Capital Territory
Small Business Commissioner Act 2004 (repealed)

An Act to provide for a small business commissioner

    

Part 1	Preliminary
1	Name of Act
This Act is the Small Business Commissioner Act 2004.
3	Object of Act
The main object of this Act is to enhance a competitive, cooperative and fair operating environment for small business in the ACT.
4	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
5	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	The commissioner
6	Office of commissioner
There is to be a Small Business Commissioner.
7	Appointment of commissioner
The Minister must appoint a person to be the commissioner.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
8	Term of appointment of commissioner
The commissioner must be appointed for a term of not longer than 5 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
9	Conditions of appointment of commissioner
The commissioner’s conditions of appointment are the conditions agreed between the Minister and the commissioner, subject to any determination under the Remuneration Tribunal Act 1995.
10	Ending commissioner’s appointment
	(1)	The Minister may end the appointment of the commissioner—
	(a)	if the commissioner contravenes a Territory law; or
	(b)	for misbehaviour; or
	(c)	if the commissioner becomes bankrupt, or executes a personal insolvency agreement; or
	(d)	if the commissioner is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
	(e)	if the commissioner is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
	(f)	in accordance with the commissioner’s employment conditions.
	(2)	The Minister must end the commissioner’s appointment for physical or mental incapacity, if the incapacity substantially affects the exercise of the commissioner’s functions.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
11	Functions
	(1)	The commissioner has the following functions:
	(a)	to facilitate and encourage the fair treatment of small businesses in commercial dealings with other businesses in the marketplace;
	(b)	to promote informed decision-making by small businesses to minimise disputes with other businesses;
	(c)	to facilitate the resolution of complaints by small businesses about unfair market practices and promote mediation between the parties involved in the complaints;
	(d)	to make representations to appropriate entities on behalf of any small business with a complaint mentioned in paragraph (c);
	(e)	to monitor and report to the Minister on any emerging trends in market practices that have an adverse effect on small businesses;
	(f)	to develop small business service charters within government entities to ensure small businesses receive high quality services from government entities;
	(g)	to monitor the operation and effectiveness of the small business charters;
	(h)	as required by the Minister, to monitor and report on the impact of legislation, government procedures and administration on small businesses;
	(i)	to promote laws, policies and practices that support the objects of this Act;
	(j)	to disseminate information about the operation of this Act and the functions of the commissioner;
	(k)	to advise the Minister on the operation of this Act or any issue relating to small businesses, whether at the Minister’s request or on the commissioner’s own initiative;
	(l)	to exercise any other function given to the commissioner under this Act or another Territory law.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
	(2)	To remove any doubt, the commissioner must not investigate or continue to investigate anything arising in a complaint mentioned in paragraph (1) (c), if the commissioner becomes aware that it is the subject of an investigation, or a proceeding in a court or tribunal, in relation to an offence or disciplinary matter.
12	Directions by Minister
	(1)	The Minister may give a written direction to the commissioner about the exercise of the commissioner’s functions.
	(2)	The commissioner must comply with a direction given to the commissioner under this section.
	(3)	A report by the commissioner under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
	(a)	a copy of any direction given under this section during the year; and
	(b)	a statement by the commissioner about action taken during the year to give effect to any direction given (whether before or during the year) under this section.
Note	Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
	(4)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
13	Government entities to assist commissioner
The chief executive of a government entity must cooperate with any request by the commissioner for information or assistance reasonably required by the commissioner for the exercise of the commissioner’s functions.
14	Staff
The staff assisting the commissioner are to be employed under the Public Sector Management Act 1994.
15	Consultants
	(1)	The commissioner may, on behalf of the Territory, engage consultants.
	(2)	However, the commissioner must not enter into a contract of employment under this section.
16	Delegation
The commissioner may delegate any of the commissioner’s functions under this Act or another Territory law to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.

Part 3	Miscellaneous
17	Protection of officials from liability
	(1)	In this section:
official means—
	(a)	the commissioner; or
	(b)	any member of the staff assisting the commissioner; or
	(c)	anyone else exercising a function under this Act.
	(2)	An official does not incur civil liability for an act or omission done honestly and without recklessness for this Act.
	(3)	Any civil liability that would, apart from this section, attach to an official attaches instead to the Territory.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
18	Approved forms
	(1)	The commissioner may, in writing, approve forms for this Act.
	(2)	If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
	(3)	An approved form is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
19	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3)
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
20	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
21	Review of Act
	(1)	The Minister must review the operation of this Act as soon as practicable after the end of its 2nd year of operation.
	(2)	The Minister must present a report on the review to the Legislative Assembly within 3 months after the day the review is started.
	(3)	The Minister must seek views on the exercise of the commissioner’s functions from—
	(a)	small businesses in the ACT; and
	(b)	any relevant advisory body for the ACT.
	(4)	The review must include consideration of—
	(a)	any views given to the Minister under subsection (3); and
	(b)	the performance of the commissioner in exercising the commissioner’s functions; and
	(c)	the extent to which the object of the Act is being achieved.
	(5)	This section expires 3 years after the day it commences.

Dictionary
(see s 4)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	administrative unit
·	chief executive (see s 163)
·	Minister (see s 162)
·	public servant
·	tribunal
·	statutory office-holder.
business includes—
	(a)	a business not carried on for profit; and
	(b)	a trade or profession.
chief executive, in relation to a statutory office, means the holder of the office.
commissioner means the Small Business Commissioner.
government entity means—
	(a)	an administrative unit; or
	(b)	a statutory office-holder and the staff assisting the statutory officer-holder.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Small Business Commissioner Act 2004 A2004-70
notified LR 9 September 2004
s 1, s 2 commenced 9 September 2004 (LA s 75 (1))
remainder commenced 10 September 2004 (s 2)
as repealed by
Administrative (Miscellaneous Amendments) Act 2006 A2006-30 s 4 (1) (d)
notified LR 16 June 2006
s 1, s 2 commenced 16 June 2006 (LA s 75 (1))
s 4 (1) (d) commenced 1 July 2006 (s 2 (1))
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Review of Act
s 21	exp 10 September 2007 (s 21 (5))

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
10 Sept 2004	10 Sept 2004–
1 July 2006	not amended	new Act	

©  Australian Capital Territory 2006